justajesuschick Posted December 2, 2015 Share Posted December 2, 2015 If you have read any of my posts, you know that I often speak of trademark and copyright infringement. So, of course I was using the image on my website with a license. Long story but my corporation began an image service designed for small businesses and agencies. Since someone on the team knew that I and a small business, they recruited me for testing, feedback, focus group and the like for the new program prior to launch. I took a liking to particular image and later inquired about usage. Since I helped with the testing and was willing to take the image before it was sized how I needed, I was given a discount code equal to the cost of the image. I had the license to use it. So, I sent the copy of my receipt and license to the law firm attorney. Reached out to the person who granted the code and there is no issue. They sent a very thorough document with the image in question and screenshots from my website. I mentioned recently in another post of an online vendor, such as me, who was contacted by the legal team from Lush Cosmetics and it resulted in her having to change every scent name in her line that belonged to them. So, I make this post as a reminder that you may not use names, images, likenesses nor photos which are not your property. I assure you that in the days of Image Search, it is very easy for the image to be found if you are using such. They are not just targeting "the big guys". I know it gets confusing that if one sees an image online that it must be available to use. That is simply not true nor is it the legal. 2 Quote Link to comment Share on other sites More sharing options...
Belinda Posted December 3, 2015 Share Posted December 3, 2015 That's scary! So is everything cleared up about the image you are using on your site? Quote Link to comment Share on other sites More sharing options...
justajesuschick Posted December 3, 2015 Author Share Posted December 3, 2015 That's scary! So is everything cleared up about the image you are using on your site?Yes. Within minutes of my receiving the legal notice with screenshots of my site. I certainly have the license and right to use the image. I knew that, of course, when I got the notice so I was not worried. People still think no big company is going to take the time going after "little guys" but that is an outdated way of thinking. Most companies hire companies who use Google and Image Search and all they do is find names and images which are being used without a license. 1 Quote Link to comment Share on other sites More sharing options...
Unique candles Posted December 3, 2015 Share Posted December 3, 2015 wow, I got fivver to make my logo, so it is mine, great informations. Quote Link to comment Share on other sites More sharing options...
justajesuschick Posted December 3, 2015 Author Share Posted December 3, 2015 wow, I got fivver to make my logo, so it is mine, great informations.Yes. I got an artist to do a chalk drawing of my logo as well. I own it and have it in very file format I can imagine.This image was a photograph. I still think people believe that they can use images and photographs from the internet including those from fragrance suppliers, which of course, we cannot-even of we buy those fragrances from them. Quote Link to comment Share on other sites More sharing options...
e911 Posted December 6, 2015 Share Posted December 6, 2015 I'm very lucky to be friends with a very talented marketing gal who works for a well known philanthropist here locally that has offered to all of my labels and graphics arts in exchange for discounted candles. She's very well aware of copyright laws and I've already told her everything has to be original. It's sad that people consider everything on the internet to be free and able to be used without recourse. I used to be a sports photographer and have decided that 2015 was my last year doing it since so many stole my images and refused to pony up cash when confronted. It just became too much of a headache to manage. Quote Link to comment Share on other sites More sharing options...
PeggyK Posted December 6, 2015 Share Posted December 6, 2015 I understand not being allowed to use other people's photos, but I'm still confused by the scent names being used. Suppliers that some of us purchase from (Just Scent, BCN, etc..) - why are they allowed to sell the FOs with Trademarked names? I just don't understand it. Does anyone know? Also - how can a common name (such as Sugar Cookie) be trademarked in the first place? If this has already been posted and commented upon, I'm sorry -- is there a link of the conversation so I can get clarity? Quote Link to comment Share on other sites More sharing options...
TallTayl Posted December 6, 2015 Share Posted December 6, 2015 I understand not being allowed to use other people's photos, but I'm still confused by the scent names being used. Suppliers that some of us purchase from (Just Scent, BCN, etc..) - why are they allowed to sell the FOs with Trademarked names? I just don't understand it. Does anyone know? Also - how can a common name (such as Sugar Cookie) be trademarked in the first place? If this has already been posted and commented upon, I'm sorry -- is there a link of the conversation so I can get clarity?Often you will see the word "Type" to get around the name usage. Sometimes they include the "TM". Lush I know periodically scans Etsy for use lf their phrases. Friends have received C&D, so they properly TM and Typed their titles, tags and descriptions. Quote Link to comment Share on other sites More sharing options...
Faerywren Posted December 6, 2015 Share Posted December 6, 2015 FYI, Using 'type' behind the name doesn't protect you. A copyright/trademark attorney came and spoke at the annual Alabama Soap and Candle Makers meeting a couple years ago and explained all of it in great detail. As crafters, if we use dupes, we are supposed to change the name to something else. We are allowed, however, to say "compare to Bath and Body Works Amber Romance" or "our version of Yankee's Pink Sands".Many terms like Sugar Cookie and Lavender are generic and aren't protected. 1 Quote Link to comment Share on other sites More sharing options...
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